Burden of proving that case of accused comes within exception lies on hellip ........

Indian Evidence Act (IEA) 1872 Burden of Proof

Burden of proving that case of accused comes within exception lies on….

Prosecution

Accused

Magistrate

Any one

- Option 1: Prosecution

- The prosecution must prove the main elements of the offence beyond reasonable doubt.

- But the exceptions (general or special) are often for the benefit of the accused.

- Option 2: Accused

- When an accused claims his case comes under a legal exception (like self-defense or insanity), it's his responsibility to prove it.

- He needs to prove this on the balance of probabilities, not beyond reasonable doubt.

- This is mentioned in Section 105 of the Indian Evidence Act.

- Option 3: Magistrate

- The Magistrate does not have the burden to prove exception; he only decides based on evidence.

- Option 4: Any one

- The burden does not freely shift to anyone; the law assigns it clearly, usually to the accused for exceptions.

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